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National Green Tribunal

News Item Titled "Protest Brews In ... vs . Ankita Sinha & Ors." Reported In 2021 on 5 July, 2024

Item No.01                                                     Court No. 1

               BEFORE THE NATIONAL GREEN TRIBUNAL
                   PRINCIPAL BENCH, NEW DELHI

                     Original Application No. 728/2024

News Item titled "Protest brews in Kerala over allowing eucalyptus
plantations in forest areas of state" appearing in the Deccan Herald
dated 20.05.2024.

Date of hearing: 05.07.2024

CORAM:       HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
             HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
             HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER


                                  ORDER

1. This Original Application is registered suo-motu on the basis of the news item titled "Protest brews in Kerala over allowing eucalyptus plantations in forest areas of state" appearing in the Deccan Herald dated 20.05.2024.

2. The matter relates to the protests brewing in Kerala over the recent decision of the state forest department to allow planting of eucalyptus trees in the reserve forest areas of the state. As per the article, the state forest department gave nod to state public sector undertaking Kerala Forest Development Corporation (KFDC) to plant saplings of eucalyptus in its forest plantations.

3. It states that the decision of the state government goes against earlier decisions of the state and the center against planting such exotic species of trees in the forest owing to the threat to natural ecology of the forests as they are highly water consuming. Destruction of the natural ecology of the forest owing to various factors like exotic trees is also considered to be key reasons for the aggravating man-animal conflict. 1

4. The above news item indicates violation of the Forest (Conservation) Act, 1980 and the provisions of The Environment (Protection) Act, 1986.

5. The news item raises substantial issue relating to compliance of the environmental norms and implementation of the provisions of scheduled enactment.

6. Power of the Tribunal to take up the matter suo-motu has been recognized by the Hon'ble Supreme Court in the matter of "Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors." reported in 2021 SCC Online SC 897.

7. Hence, we implead following as respondents in this matter:

(i) Principal Chief Conservator of Forest, Kerala, Forest Headquarters, Vazhuthacaud, Thiruvananthapuram - 695 014
(ii) Ministry of Environment, Forest & Climate Change, Integrated Regional Office, Kendriya Sadan, 4th Floor, E & F Wings, 17th Main Road, Koramangala II Block, Bangalore -

560034

8. Let notice be issued to the above Respondents for filing their response before the appropriate bench of the Tribunal.

9. Since the matter relates to the Southern Zonal Bench, Chennai, therefore, OA is transferred to the Southern Zonal Bench for appropriate further action. Office is directed to transfer the original record of the OA to Southern Zonal Bench, Chennai.

10. List before Southern Zonal Bench at Chennai on 17.09.2024.

Prakash Shrivastava, CP 2 Arun Kumar Tyagi, JM Dr. A. Senthil Vel, EM July 05, 2024 Original Application No. 728/2024 AS.

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